Sheriff’s sergeant suspended without pay after domestic battery arrest
All subjects are presumed innocent until and unless proven guilty.
A Washington County Sheriff's Department sergeant remains on unpaid suspension after a special meeting of the department's Merit Board approved an agreement keeping him suspended until criminal charges against him are fully resolved.
Sergeant Tory K. Hildreth, 31, was arrested on Saturday, October 17 following a domestic dispute at a Salem home. Indiana State Police Trooper Wyatt Madden prepared a probable cause affidavit that was filed in Washington Circuit Court on October 19. Circuit Court Judge Larry W. Medlock entered an order the same day finding probable cause for Hildreth’s warrantless arrest, according to an agreement Sheriff Brent Miller later read to the Merit Board.
According to that agreement, Hildreth faces three charges in Washington Circuit Court under cause number 88C01-2610-F6-000644:
Domestic battery, Level 6 felony
Battery resulting in bodily injury, Class A misdemeanor
Disorderly conduct, Class B misdemeanor
The probable cause affidavit itself lists the offense of domestic battery in the presence of a minor under 16, under Indiana Code 35-42-2-1.3.
Lindsay G. Tinsley, 24, of Salem was also arrested in connection with the same incident. A separate probable cause affidavit prepared by Trooper Madden, filed the same day under cause number 88C01-2610-F6-000645, lists the offense of domestic battery in the presence of a minor under 16 against Tinsley. Both were booked into the Washington County Detention Center and have since been released after each posted a $2,000 bond.
Sheriff Miller told the Washington County Times that after the arrest he placed Hildreth on paid administrative leave for one week while the department collected the police report. Effective Monday, October 26, Miller suspended Hildreth for 15 days without pay, the maximum a sheriff may impose without Merit Board approval. Hildreth forfeited his badge, firearm, and department equipment on October 19, according to the agreement.
Miller then offered Hildreth a choice. He could either agree to an indeterminate suspension without pay lasting until the criminal case is fully adjudicated, or face a Merit Board hearing at which termination would be sought. Hildreth signed the agreement, waived his right to a hearing, and he made no admission regarding the pending charges or any disciplinary allegations, according to the document Miller read aloud.
“This is not a termination, it is a suspension,” Miller told the Times. “I’m not terminating him at this point.”
The Washington County Sheriff’s Department Merit Board held a special meeting on Monday evening, November 2, to consider the agreement. Miller read the full agreement into the record and asked the board to approve it. Four of the board’s five members were present; one member was absent due to an illness. The board ended up approving the agreement, and the motion carried.
Under the agreement, Hildreth’s unpaid suspension took effect October 26 and remains in place until the charges in his case (88C01-2610-F6-000644) are fully adjudicated. After that, Miller and Hildreth are to meet to discuss whether he will be reinstated or whether the sheriff will pursue termination before the Merit Board. The agreement states that the sheriff has made no representation or promise that Hildreth will be automatically reinstated. If the charges are dismissed, Hildreth is acquitted or the case otherwise ends satisfactorily, he may petition for back pay dating to the effective date of the agreement. These decisions rest with the sheriff and the Merit Board.
“There’s no guarantee that he gets to come back to the department,” Miller said. He added that Hildreth can also ask for back pay, “but there’s no guarantees that he gets back pay either.”
Miller said because he has just a short time left in office, that “it may be another sheriff deciding his fate.”
According to the probable cause affidavit, Washington County Dispatch requested that Indiana State Police respond to a physical domestic in progress at approximately 12:28 am on October 17. Trooper Madden and Trooper Javis Roush arrived at approximately 12:46 am.
Hildreth and Tinsley both gave accounts of what occurred, and those differed from each other according to the affidavit.
Hildreth told troopers he had been home with their children while Tinsley was out with friends. He said that after she returned, the two began arguing about the baby's clothing and food. He stated that he tried to go to bed, that Tinsley pulled a blanket off him multiple times and scratched his arm, and that he ended up on top of her, holding her down. He said that when he released her arm she struck him in the face, and that he reacted by punching her once in the face with a closed fist. He then moved to the living room. He denied choking her but, when asked about visible marks on her neck, acknowledged that he likely caused the injuries while saying he was unsure how they occurred, according to the affidavit.
Tinsley told troopers she had been out with friends and had consumed approximately four beers. She stated that when she arrived home, Hildreth became upset with her regarding care of the baby. She confirmed that she pulled the blanket off him. She stated that Hildreth got on top of her, struck her in the face twice and began choking her, and that she struck him in the face afterward in an attempt to get him off her. She also stated that she was holding their infant during part of the altercation in the bedroom, and Hildreth confirmed that statement, according to the affidavit. Tinsley said she believed Hildreth had elbowed the infant, however, troopers wrote that the infant had no visible signs of injury and did not appear to be in any discomfort.
Trooper Madden wrote that both adults had injuries generally consistent with their accounts. Tinsley had swelling and lacerations to her upper and lower lip, redness to her neck and a swollen area on her right cheek. Hildreth had redness and a complaint of pain on the left side of his face, and a minor redness or abrasion consistent with a scratch on his arm. A preliminary breath test registered 0.033% BrAC for Tinsley and 0.000% BrAC for Hildreth, according to the affidavit. Both were transported to the Washington County Jail.
Hildreth is currently still listed as “Sgt. Tory Hildreth” on the Sheriff's Department's deputies page. In June 2024, the department announced his promotion to sergeant, stating that he had served the county for more than seven years at that time.
If any further information becomes available, updates will be provided.
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